Is there anything I can to do protect my credit when my husband makes late payments on bills he is responsible for per our divorce agreement?

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Is there anything I can to do protect my credit when my husband makes late payments on bills he is responsible for per our divorce agreement?

My husband and I are recently divorced. In our divorce agreement, we split our credit card debt and each of assumed responsibility for certain bills. Now 2 of the bills he is responsible for paying are in my name. I’ve been told I cannot have my name removed and his added. The accounts are all closed but he consistantly makes late payments which will affect my credit score and ability to obtain future credit. What options, if any, do I have to try and protect my credit?

Asked on June 14, 2012 under Family Law, Oregon

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to mitigate your damages, which means you should be paying on those credit cards in the interim and take him to court for contempt and contribution/reimbursement for those he was originally ordered to pay but you paid. Keep specific and meticulous records so that you can easily prove what he owes you. Despite what divorce agreements state, you were the one in contractual privity with the credit card company and nothing will change that. So mitigate your damages and you should be able to stop the credit reporting issues and start getting your money back from him.  


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